Certification battle in Ohio MERS class action heats up

On April 23, 2012, the plaintiff in State of Ohio ex rel. David P. Joyce, Prosecuting Attorney of Geauga County Ohio v. MERSCORP, Inc., et al., N.D. Ohio Case No. 1:11-cv-02474, filed its motion seeking an order certifying the action as a class action. The plaintiff is attempting to bring the case on behalf of all 88 Ohio counties for relief relating to the allegedly unlawful failure of MERS and its member institutions to record millions of mortgages and mortgage assignments throughout Ohio.

In response, the numerous defendants jointly filed both a motion to strike the class allegations, as well as a memorandum in opposition to the certification motion, asserting a litany of legal grounds as to why the case is not suitable for class adjudication. The principal argument advanced by the defendants against certification is that Geauga County and its prosecutor lack the legal authority to represent the interests of other Ohio counties.

However, on May 13, 2012, the federal court remanded the case to the Geauga County Court of Common Pleas, where the action was originally filed, finding that the requirements for diversity jurisdiction had not been satisfied. The question of class certification remains undecided at this time.

For more, read the full article.

Civil Rule 23 Requirements, Mortgage Lending Industry, Ohio Class Action Law